Default Judgment Package - 1215.org

1 Default Judgment PackageInstructionsThese forms are intended to provide an example of the Default and Default Judgment processunder Federal Rule of Civil Procedure 55. The procedure under Fed. R. Civ. P. 55 is a two-step process: (1) entry of Default by the Clerk of Court (Fed. R. Civ. P. 55(a)); and (2) entry ofdefault Judgment , by the Clerk of Court when the claim is for a sum certain (Fed. R. Civ. (b)(1)) and by the Court in all other instances (Fed. R. Civ. P. 55(b)(2)). Step OneThe documents required for obtaining entry of Default are: (1) Motion (or Request) for Entry ofDefault; (2) Affidavit (or Declaration) in Support of Motion for Entry of Default ; (3) proposedform of Entry of Default ; and (4) a Certificate of Service indicating that these documents wereserved upon the defendant. Step TwoAfter the Clerk of Court has entered Default , a Default Judgment may be obtained.

2 Thedocuments required for obtaining a Default Judgment are: (1) Motion (or Request) for Entry ofDefault Judgment ; (2) Affidavit (or Declaration) in Support of Motion for Entry of DefaultJudgment; (3) proposed form of Default Judgment ; and (4) a Certificate of Service indicatingthat these documents were served upon the Filing These Documents Use the following docketing events to e-file these documents: Motion for Entry of Default : use the Entry of Default event that is located in the Motionscategory. Motion for Entry of Default Judgment : use the Default Judgment event that is locatedin the Motions category. Affidavits or Declarations: use the applicable event located in the Support, Responsesand Replies category. Since these documents are in support of motions, they shouldrelate to/be linked to the motions they support. Certificates of Service: (1) make the Certificate of Service an attachment to the motion;or (2) make a separate docket entry using the Certificate of Service event located inthe Service of Process Helpful Information Default Judgment hearings are set before Judge Crabb on Wednesday mornings at8:00 or 8:30 It is not necessary to file a Notice of Request to Enter Default or a Notice of Request toEnter Default Judgment .

3 It is not necessary to file an Order for Judgment . IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSIN_____Plaintiff,Case No. MOTION FOR ENTRY OF Default _____Plaintiff(s) (name) request(s) that the clerk of court enter Default against defendant(s)(name) pursuant to Federal Rule of Civil Procedure 55(a). In support of this requestplaintiff(s) relies (rely) upon the record in this case and the affidavit submitted this _____ day of _____, for PlaintiffIN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSIN_____Plaintiff,Case No. IN SUPPORT OF MOTION FOR ENTRY OF Default _____I, (name), being duly sworn, state as am the attorney for the plaintiff in the above-entitled action and I am familiar with the file, records and pleadings in this summons and complaint were filed on (date). (s) was (were) served with a copy of the summons and complaint on(date), as reflected on the docket sheet by the proof of service filed on (date).

4 Answer to the complaint was due on (date). (s) has (have) failed to appear, plead or otherwise defend within thetime allowed and, therefore, is (are) now in requests that the clerk of court enter Default against the defendant(s). _____Sworn to and subscribed beforeAttorney for Plaintiffme this _____day of _____, Notary PublicMy Commission Expires: _____IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSIN_____Plaintiff,Case No. ENTRY OF DEFAULT_____Plaintiff(s) (name) requests that the clerk of court enter Default against defendant(s)(name) pursuant to Federal Rule of Civil Procedure 55(a). It appearing from the record thatdefendant(s) has (have) failed to appear, plead or otherwise defend, the Default ofdefendant(s) (name) is hereby entered pursuant to Federal Rule of Civil Procedure 55(a).Dated this _____ day of _____, Oppeneer, Clerk of CourtIN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSIN_____Plaintiff,Case No.

5 CERTIFICATE OF SERVICE_____I, (name), hereby certify that I am employed by (name) and am of such age anddiscretion as to be competent to serve further certify that on this date I caused a copy of the Motion for Entry of Default ,Affidavit in Support of Motion for Entry of Default and proposed Entry of Default to be placedin a postage-paid envelope addressed to the defendant(s), at the address(es) stated below,which is (are) the last known address(es) of said defendant(s), and deposited saidenvelope(s) in the United States : Name(s) and address(es) of defendant(s).Dated this _____ day of _____, 2009_____IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSIN_____Plaintiff,Case No. MOTION FOR ENTRY OF Default JUDGMENT_____Plaintiff(s) (name) requests that entry of Judgment by Default be entered againstdefendant(s) (name) pursuant to Federal Rule of Civil Procedure 55(b).

6 In support of thisrequest plaintiff(s) relies (rely) upon the record in this case and the affidavit submitted this _____ day of _____, for PlaintiffIN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSIN_____Plaintiff,Case No. IN SUPPORT OFMOTION FOR ENTRY OF Default JUDGMENT_____I, (name), being duly sworn, state as am the attorney for the plaintiff in the above-entitled action and I am familiar with the file, records and pleadings in this summons and complaint were served upon the defendant(s) on (date). answer to the complaint was due on (date). No response was served withinthe time allowed by law nor has (have) the defendant(s) sought additional time within which Default of defendant(s) was entered on (date). required by the Servicemembers Civil Relief Act of 2003, I have confirmedthat the defendant(s) is (are) not currently in active military my best information and belief, defendant(s) is (are) not an infant orincompetent claim of the plaintiff(s) is for: (Describe in detail the relief sought.)

7 If the dollar amount is for a sum certain, the clerk of court may enter the Default Judgment . If thedollar amount is not a sum certain and/or additional relief is sought, such as an injunction, ahearing will be set.) _____Sworn to and subscribed beforeAttorney for Plaintiffme this _____day of _____, Notary PublicMy Commission Expires:_____IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSIN_____Plaintiff,Case No. Default JUDGMENT_____The defendant(s), (name), having failed to appear, plead or otherwise defend in thisaction, and Default having been entered on (date), and counsel for plaintiff(s) havingrequested Judgment against the defaulted defendant(s) and having filed a proper motion andaffidavit (declaration) in accordance with Federal Rule of Civil Procedure 55 (a) and (b); Judgment is hereby entered in favor of plaintiff(s) (name) and against defendant(s)(name), as follows: (describe dollar amounts and relief sought in detail)Plus interest on the Judgment at the legal rate until the Judgment is of Court (if sum certain)District Judge (in all other instances)IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF WISCONSIN_____Plaintiff,Case No.

8 CERTIFICATE OF SERVICE_____I, (name), hereby certify that I am employed by (name) and am of such age and discretionas to be competent to serve further certify that on this date I caused a copy of the Motion for Entry of DefaultJudgment, Affidavit in Support of Motion for Entry of Default Judgment and proposed DefaultJudgment to be placed in a postage-paid envelope addressed to the defendant(s), at theaddress(es) stated below, which is (are) the last known address(es) of said defendant(s), anddeposited said envelope(s) in the United States : Name(s) and address(es) of defendant(s).Dated this _____day of _____, 2009_____